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Home My WebLink About91-87 • RESOLUTION NO. 91,87 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DECLARING THE INTENTION OF SAID TOWN TO VACATE AND ABANDON CERTAIN PORTIONS OF BURKE ROAD AND SUNSET WAY UNDER THE PROVISIONS OF THE 'PUBLIC STREETS HIGHWAYS AND SERVICE EASEMENTS VACATION LAW', SECTION 8300, ET SEQ., OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA It appearing to the City Council of the Town of Los Altos Hills that certain portions of public streets, namely Burke Road and Sunset Way, hereinafter more particularly described and located within the Town of Los Altos Hills, California, should be vacated and abandoned for the reason that said public street easements, and each of them, is unnecessary for present or prospective public use, and that the best interests of the citizens of Los Altos Hills will be served by such vacation and abandonment; AND, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law", Section 8300, et seq., of the Streets and Highways Code, such action is authorized if each of the portions of said public street easements is unnecessary for present or prospective public use, AND, the lawful or official names by which each of these streets is commonly known are Burke Road and Sunset Way, respectively, NOW, THEREFORE, BE IT AND IT HEREBY IS RESOLVED by the City Council of the Town of Los Altos Hills as follows: 1. The CityCouncil does herebydeclare its intention to vacate and abandon certainportions of the public street easements described in Exhibit "A" attached hereto an incorporated herein by reference, and being located southwest of Fremont Road and between Fremont Road and Highway 280. 2. A hearing on said proposed vacation and abandonment of said portions of certain public street easements hereinabove described be, and the same is hereby fixed for Wednesday, October 7, 1987 at the hour of • 7:00 p.m. of said day at the Council Chambers, Town Hall; 26379 Fremont Road, Los Altos Hills, California, notice of which hearing is hereby given, at which time and place all persons interested in or objecting to said proposed vacation and abandonment may appear and present objections to said proposed vacation and abandonment, and submit to said City Council evidence in support thereof, under and in conformity with the provisions of said "Public Streets, Highways and Service Easements Vacation law". 3. Reference is hereby made to the map and/or plat of the said portions of certain public street easements above-described, on file in the Office of the City Clerk, Town Hall, 26379 Fremont Road, Los Altos Hills, California, for further particulars and said map/or plat is incorporated herein and made a part hereof. 4. The proposed public street vacation and abandonment be submitted to the Planning Commission, to be considered by said body and a recommendation returned to the City Council at said hearing. 5. The City Council has determined that the public convenience and necesity require the reservation of easements and rights-of-way for access, and, in addition, the reservation and exception of easements for emergency vehicle access, water pipe lines and a pathway from the portion of Sunset Drive proposed to be vacated, and there shall be reserved and excepted from the proposed vacation of the streets or parts thereof described in Exhibit "A" the following: (a) The permanent easement and right at any time, or from time to time, to use for pedestrian or vehicular access and to construct, maintain, operate, replace, remove and renew water pipe lines, sanitary spwers and storm drains and other public utilities and appurtenant structures in, upon, over and across the portions of the streets proposed to be vacated which are described as Parcels 1 and 2 in Exhibit "A", and pursuant to any existing franchises or renewals thereof, or otherwise, to construct, -2- maintain, operate., replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures in, upon, over and across the portions of the streets proposed to be vacated which are described as Parcels 1 and 2 in Exhibit "A", for the operation of gas pipe lines, telegraphic and telephone lines, and for the transportation or distribution of electric energy, water and incidental purposes, including access and the right to protect such works from all hazards in, upon and over the portions of the streets proposed to be vacated which are described as Parcels 1 and 2 in Exhibit "A"; and (b) The permanent easement and right at any time, or from time to time, to use for emergency vehicular access and to construct, maintain, operate, replace, remove and renew water pipe lines, and a pathway in, upon, over and across the portion of Sunset Drive proposed to be vacated which is described in Exhibit "A". The proceedings shall be taken subject to such reservations and exceptions. 6. That for two (2) successive weeks prior to the Hearing this Resolution be published in the Peninsula Times Tribune, a newspaper published and circulated in the County of Santa Clara, there being no newspaper published or circulated in the Town of Los Altos Hills. That at least three (3) notices of said vacation and abandonment, which notices shall state the passage of this Resolution of Intention and of the day, hour and place of hearing thereunder, shall be posted not more than 300 feet apart along the public street proposed to be abandoned, at least two (2) weeks before the day set for the hearing, or as provided in the "Public Streets, Highways and Service Easements Vacation Law". REGULARLY passed and adopted this 2nd day of September, 1987. ATTEST: CITY CLARK MAYOR 9887 -3- III LEGAL DESCRIPTION - ABANDONMENT OF BURKE AVENUE All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California described as follows: A strip of land being twenty (20' ) feet in width further de- scribed as a portion of Burke Avenue as shown on that certain map entitled "Map of Los Altos Heights" recorded in book N of maps at page 47, Santa Clara County records in as much as it affects the follwing parcel of land : All of lot 15, as shown on that certain map entitled "Map of Los Altos Heights, " Excepting therefrom any of that portion thereof described in the deed from Fred H. Wickman and Esto L. Wickman, his wife, to John B. Rutherford and Millicent A Rutherford, his wife, dated May 24, 1954, recorded may 25, 1954 in Book 2880, Page 549, Official Records, Santa Clara County. Excepting therefrom the above described portions of Burke Avenue, the following parcel of land : Being an access easement thirty (30' ) feet in width the westerly line being described as follows: Beginning at a point on the centerline of Burke Avenue, said point being the northwesterly corner of lands of Rutherford as recorded in the previously mentioned Book 2880, Page 549, Offi- cial Records; Thence southerly along the centerline of Burke Avenue and the northwesterly line of the previously mentioned Lot 15 a distance of two hundred fifty (250' ) feet. LEGAL DESCRIPTION - ABANDONMENT OF SUNSET DRIVE All that certain real property situate in the Town of Los Altos Hills, County of Santa Clara, State of California described as follows: A strip of land being twenty (20' ) feet in width further de- ' scribed as a portion of Sunset Drive as shown on that certain map entitled "Map of Los Altos Heights" recorded in Book N of Maps at Page 47, Santa Clara County Records in as much as it affects the following parcel of land : All of Lot 15, as shown on that certain map entitled "Map of Los Altos Heights, " EXHIBIT "A" • • Excepting therefrom any portion thereof described in the deed from Fred H. Wickman and Esto L. Wickman, his wife, to Johmn B. Rutherford and Millicent A. Rutherford, his wife, dated May 24, 1954, recorded May 25, 1954 in Book 2880, Page 549, Official Records, Santa Clara County. Excepting therefrom the above described portions of Sunset Drive, the following parcels of land : Parcel 1 : A parcel of land twenty (20' ) feet in width running over the above described portion of Sunset Road to be retained as (1 ) an Emergency Vehicle Access Easement ; (2) a waterline easement ; and (3) a Pedestrian/Equestrian Easement. Parcel 2: Being an access easement thirty (30' ) feet in width the easterly line being described as follows: Beginning at a point on the centerline of Sunset Drive, said point being the southwesterly corner of Lands of Rutherford as recorded in Book 2880, Page 549, Official Records; Thence southerly along the centerline of Sunset Drive and the Southeasterly line of Lot 15, 190 feet. • • | | EXHIBIT "A" - Page 2